15 November 2024

Secure your sales with retention-of-title clauses published with the Clerk’s Office

For many companies, granting payment terms is essential for developing their business. But how can you avoid the risk of non-payment? Clauses de réserve de propriété (retention of title clauses), published by the Registrar of Companies, are an ideal solution for securing your transactions, by deferring the transfer of ownership of goods until they have been paid for in full. At KREANCIA, we make it easy to integrate and manage these clauses, so you can concentrate on your business with complete peace of mind.

Retention of title: essential legal certainty

Including a reservation of title clause in your sales contracts, then publishing it with the Registrar, offers solid protection against unpaid invoices, and ensures that the goods remain your property until full payment has been received. This mechanism offers several key advantages:

Protection against pledging

If your customer tries to pledge the goods, the reservation of title registration makes your right of ownership enforceable against his pledgees.

Publicity and enforceability :

Registration makes your right of ownership public and secures exchanges, including with third parties (such as the customer’s creditors).

Strengthening your factoring company’s rights

The retention-of-title clause ensures subrogation in your rights to protect the factor if your customer resells the goods.

Simplify legal action and restitution with KREANCIA

In the event of non-payment, KREANCIA will take legal action to obtain the return of the goods. This includes :

  • Support in the event of insolvency proceedings: If your customer is facing insolvency proceedings, our registration with the clerk’s office protects your property rights, enabling you to take direct action for restitution without having to file a claim. This time-saving feature is essential if you want to act quickly.
  • Flexibility in negotiation: When the retention of assets is strategic for the customer, we facilitate negotiations with the court-appointed administrator to consider settlement instead of restitution.

 

A complete, turnkey solution for your receivables

When an unpaid debt arises, KREANCIA takes care of all the steps involved, from applying for a restitution order to obtaining a formule exécutoire, via the intervention of our network of judicial commissioners.

  • Litigation management and registration with the courts: With pre-registration, you can quickly have your property rights recognized, and obtain a favorable decision without further recourse.
  • Easy restitution action: In the event of a dispute, KREANCIA takes care of every step, right up to obtaining a certificate of irrecoverability if the goods are no longer available.

 

Why choose KREANCIA to secure your transactions?

We are committed to protecting your assets and simplifying the management of retention-of-title clauses for our customers. Working with our network of Commissioners of Justice, we make every step transparent and efficient.

  • Opposability to third parties: With KREANCIA, your property rights are notified to all parties, even in complex legal proceedings.
  • Reinforced protection for your factoring company: Our solutions reinforce your factoring company’s rights, which are subrogated to your rights under the published reservation of title.
  • Time savings and peace of mind: free yourself from administrative formalities and concentrate on your core business.

Don’t take any more risks with unpaid invoices. Opt for a complete solution with KREANCIA by integrating retention-of-title clauses into your contracts.

Contact us today to find out how we can help you secure your sales, improve your cash flow, and give you the peace of mind you need to grow!

Photo by Annika Wischnewsky on Unsplash